Law on aid for persons infected with hepatitis C virus by anti-D-immune prophylaxis

Original Language Title: Gesetz über die Hilfe für durch Anti-D-Immunprophylaxe mit dem Hepatitis-C-Virus infizierte Personen

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Law on aid for persons infected with the hepatitis C virus by anti-D-immune prophylaxis (Anti-D-Assistance Act-AntiDHG)

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AntiDHG

Date of completion: 02.08.2000

Full quote:

" Anti-D-Help Act of 2 August 2000 (BGBl. 1270), as last amended by Article 3 of the Law of 13 December 2007 (BGBl). 2904). "

Status: Last amended by Art. 3 G v. 13.12.2007 I 2904

For more details, please refer to the menu under Notes

Footnote

(+ + + Text certificate from: 1. 1.2000 + + +) Unofficial table of contents

Input formula

With the approval of the Federal Council, the Bundestag has adopted the following law: Unofficial table of contents

§ 1 Claim for assistance

(1) Women who, in the area referred to in Article 3 of the Agreement, have anti-D-immune prophylaxis, carried out in 1978 and 1979, with the Charges of the District Institute for Blood Spending and Transfusion of the District of Halle Nrn. 080578, 090578, 100678, 110678, 120778, 130778, 140778, 150878, 160978, 171078, 181078, 191078, 201178, 211178 and 221278 have been infected with the hepatitis C virus, as well as contact persons who are most likely to be infected with the Hepatitis C virus has been infected, received for humanitarian and social reasons Medical treatment and financial assistance. A financial assistance shall also be provided to the survivors of a person entitled under the first sentence. (2) Contact persons within the meaning of the first sentence of paragraph 1 shall be entitled to
1.
children born since the prophylaxis of the women referred to in sentence 1,
2.
Children, couples and other children, spouses and life partners who, with the women mentioned in sentence 1, have not only been living or living temporarily in the home community.
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§ 2 Heil-und KrankenTreatment

In accordance with § 1 (1) sentence 1, the beneficiaries are entitled to receive medical and medical treatment for the health effects caused by the hepatitis C virus infection in the appropriate application of § § 10 to 24a of the Federal Supply Act. Unofficial table of contents

§ 3 Financial assistance

(1) Calculated in accordance with § 1 (1) sentence 1 receive a monthly pension and a one-off payment as financial aid. (2) The monthly pension is at a level of damage consequences as a result of the hepatitis C virus infection
from EUR 30 272,
from EUR 40 434,
50 598 euros,
EUR 60 815,
from 70 to 1,088 euros. (3) The one-off payment as referred to in paragraph 1 is due to the degree of damage caused by the hepatitis C virus infection.
10 and 20 3 579 Euro,
from EUR 30 6 136,
Of EUR 40 7 669,
EUR 50 10 226,
of 60 and more 15 339 euros.
The amount of the one-off payment shall be determined by the extent of the consequences of the damage at the time the benefits are granted for the first time in accordance with paragraph 1. If a request pursuant to § 7 is required, the one-off payment will only be granted if it has been requested by 31 December 2000. (4) The degree of the consequences of the damage is determined in accordance with Section 30 (1) and Section 31 (2) of the Federal Supply Act. The conditions for the granting of the financial assistance referred to in paragraph 1 shall be established independently of any other recognition of the extent of the consequences of the damage. If proceedings under the Federal Disease Act are pending in connection with the Federal Supply Act in the application, opposition or legal proceedings, the present law shall be deemed to have been concluded in a legally binding manner. Unofficial table of contents

§ 4 Assistance for survivors

(1) If a person entitled under § 1 (1) sentence 1 dies of the consequences of hepatitis C virus infection recognised at the time of death, the surviving spouse will receive a monthly financial assistance of 434 euros, half-orphans (2) The assistance referred to in paragraph 1 shall be granted to the spouse for the 60 months following the month of the death. (3) For orphans, the financial assistance referred to in paragraph 1 shall be granted from the month following the month of the month to the date of the month following the month of the month. Completion of the 18. In addition, only for the duration of a school or vocational training which mainly takes up the work force and does not involve the payment of remuneration, remuneration or other benefits at the appropriate level. is, however, up to the completion of the 27. Life Year. As orphans also apply
1.
Stepchildren who, at the time of death, have been or have been substantially entertained with the deceased person in the home and who have been entertained by him; and
2.
Care children within the meaning of § 2 (1) No. 2 of the Federal Children's Money Act.
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§ 5 Aid for residence abroad, hardship compensation

§ § 64, 64a (1) and (3) sentence 1, § § 64d and 64f and 89 of the Federal Supply Act must be applied accordingly, subject to the consent of the Federal Ministry of Labour and Social Affairs, to the approval of the competent authority. the supreme state authority. Unofficial table of contents

§ 6 Meeting with other claims, transferability

(1) One-off payments under Section 3 (3) shall not be taken into account as income and assets if the granting or the amount of social benefits depends on other income. Monthly pensions in accordance with § 3 (2) are taken into account as income when social benefits depend on the granting or the amount of other income. (2) Irrespective of this, one-off payment and a monthly pension for other statutory provisions will be taken into consideration. (3) Claims in respect of aid under this Act cannot be transferred, pledged or paved. Unofficial table of contents

§ 7 Start, change and payment of assistance

(1) The aid in accordance with § § 3 and 4 shall be granted on request. Pension benefits pursuant to § 3 (2) and the aid pursuant to § 4 shall begin with the month in which the conditions applicable to them are fulfilled, but at the earliest with the month of application for pensions pursuant to § 3 para. 2 and at the earliest with the following month following the month of death. Month in the case of aid pursuant to § 4. If aid is requested within the meaning of sentence 2 within one year of the proclamation of this law, the granting of benefits begins at the earliest with its entry into force. (2) § 62 (2) and § 66 of the Federal Supply Act apply accordingly. (3) By way of derogation from the first sentence of paragraph 1, the aid shall be decided on the basis of the aid provided for in § § 3 and 4 of its own motion if recognition is already or is requested under the Federal Disease Act, which is based on an act of § 1. Unofficial table of contents

§ 8 Adaptation

(1) The aid in accordance with § 3 (2) and (4) shall change in accordance with the percentages and at the same time at which the pensions of the statutory pension insurance are adjusted. In this case, the resulting amounts up to EUR 0.49 are to be rounded down to full euro from EUR 0.50 upwards. The amounts of change are made known by the Federal Ministry of Health in the Federal Gazette. (2) By way of derogation from paragraph 1, the aid provided for in § 3 para. 2 and § 4 shall be adjusted on July 1, 2000, in accordance with the percentage rate to which the aid is granted. Change pensions of statutory pension insurance. Unofficial table of contents

§ 9 Transition of legal claims for damages

(1) § 81a of the Federal Supply Act shall apply with the proviso that the statutory claim for damages against third parties shall be transferred to the country responsible for the implementation of this law in accordance with section 11 (1). (2) The amounts recovered the country shall execute the federal government and the countries referred to in § 10 (3) in the ratio in which they have participated in the cost burden. Unofficial table of contents

§ 10 Cost-bearer

(1) The costs of the one-off payment shall be borne by the Federal Government. (2) The other costs incurred by benefits under this Law shall be borne by the country in which the site belongs to the place where the anti-D-immune prophylaxis was carried out. (3) Den in. (2) in connection with Section 3 (2) in conjunction with Section 1, § 4 and 13 (1) of the Federal Government 50 of the hundred and of the Länder of Baden-Württemberg, Bavaria, Bremen, Hamburg, Hesse, Lower Saxony, North Rhine-Westphalia, Germany, Rhineland-Palatinate, Saarland and Schleswig-Holstein 12.4 are reimbursed by the hundred of the costs incurred. The share ratio of the countries subject to the refund shall be determined by two thirds by the ratio of their tax revenue and by a third by the ratio of their population. Unofficial table of contents

§ 11 jurisdiction, procedure

(1) The granting of benefits under this law is the responsibility of the authorities of the country responsible for the implementation of the Federal Supply Act, to whose territory the place where the anti-D-immune prophylaxis was carried out is part of the place. The local authority of the authorities is determined in accordance with the national law applicable to the enforcement of the Infection Protection Act. (2) The Law on the Administrative Procedure of the War Sacrifice Supply, with the exception of § § 3 and 4, which is the The First and Tenth Book of the Social Code and the provisions of the Social Justice Act on the preliminary proceedings must be applied. Unofficial table of contents

§ 12 Legal Way

For public-law disputes in matters of this law, the legal path to the courts of social justice is given. To the extent that the Social Courts Act contains special provisions for the provision of war victims, these shall also apply to the disputes as set out in the first sentence. Unofficial table of contents

Section 13 Transitional provisions

(1) As long as the aid pursuant to section 3 (2) and (4) does not reach the level of the benefits paid upon the entry into force of this law under the Federal Disease Act, the respective difference amount shall be further paid as the "acquis". (2) Insofar as claims are made to In accordance with this law, it is no longer necessary to apply Annex I, Chapter X, Section III (III) (3) (c) of the Agreement. Claims determined by the Federal Disease Act shall be extinguisher as long as they are based on a facts of § 1 of this Act. The payments made until the entry into force of this Act shall be made under the Federal Disease Act, insofar as they are based on a Tatar of the § 1, but continue to be granted until such time as claims pursuant to § 3 (2) in conjunction with Section 1 and § 4 , they are to be applied to payments pursuant to section 3 (2) in conjunction with paragraph 1 and section 4 for the same period. This applies in accordance with the treatment and medical treatment granted to date. Unofficial table of contents

§ § 14 and 15 (omitted)

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Section 16 Entry into force

This Act shall enter into force with effect from 1 January 2000.